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Member Profile: sangiano (3135 posts)

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Hello, I'm sangiano (report this user)
I am from United Kingdom
I last logged in on 07 Feb 2017
I have been a member since 28 May 2009
I have added 3135 posts in trackitt forums
I added my last post on 06 Sep 2013
sangiano's Posts
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Posted in I-485 Forum on 06 Sep 2013
Topic: EB-3 India Sept 2013 Current-Approval Tracker Jan'03 - Sept'03


This is the latest message on all three (1+2) applications after 24 hours of CPO email:

On September 5, 2013, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before receiving your card, please call our customer service center at 1-800-375-5283.


I thought I would sign in to congratulate an old timer.

All the best.
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Posted in I-485 Forum on 08 Apr 2013
Topic: EB3 ROW --- What to expect in 2013?.....


Don't think it's a a typo. Cumulative demand prior to 2012 decreased steadily(around 1.5k to 2k) between each demand data during last year or so. I'd assume this was based on people who could file during or prior to July 07 fiasco. Surely, there are people between Jan 07 - July 07 who could not file during that time. They started to file this year as the priority date started to move from Jan 07 through July 07. But the demand data never increased to show this uptick, just a usual 1.5k - 2k decrease each time. Think this is the first time in the year they adjusted for those new added ones.

It's not absolutely crazy to assume that, there are about 5k applicants/dependents between Jan07-Jul07 who could not/did not file during the July 07 fiasco. We''ll get a better picture once the visa bulletin is out..

Those cases (at least the AOS ones) would not show in the Demand Data.

If EB2-I are a good guide from last year, the main group that couldn't file are from around April 2007 onwards. The numbers before that are relatively low.

Most of them probably haven't been adjudicated yet, so no visa request has been made and they won't show in the Demand Data.

Once they are adjudicated (and for any that already have been), a visa is immediately available. They will be approved and so will not form a part of the Demand Data either.
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Posted in I-485 Forum on 04 Apr 2013
Topic: IF work on EAD Can sb apply for H1B again

Technically, she has already abandoned her I-485, regardless of whether she returns using an H1B visa.

The regulations on abandonment relate to when the person departs the USA, not when they seek to re-enter. (8CFR 245.2(a)(4) Effect of departure)

Since she was not in H or L status, or had a valid AP at the time she departed, then the abandonment has already taken place.

From an answer given by USCIS:


If the non-immigrants filed adjustment applications prior to departing the U.S., they need not also have filed for advance parole where they have a valid NIV that may be presented at a port of entry.

** This of course assumes these same individuals have maintained their status (8 CFR 245.2(a)(4)(ii)(C) and(D)). **

** If, however, they have failed to maintain their non-immigrant status, advance parole must have been granted prior to their departure from the U.S. or their adjustment application shall be deemed abandoned. **


I agree that if she does return by being admitted using a valid H1B visa, the likelihood of USCIS realising the abandonment has taken place is minimal.
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Posted in I-485 Forum on 09 Mar 2013
Topic: EB3 ROW --- What to expect in 2013?.....

The visa number is only allocated when USCIS approve the I-485.

The final act is to request the visa via the IVAMS system.

USCIS have shown themselves capable of approving newly submitted I-485 in as little as 90 days for both EB2-IC last year and EB2-ROW this year.

The Demand Data is not the full universe and it is dangerous to think that actual approvals are equal to the amount it has dropped. For instance, the Demand Data dropped from 31,375 (Data as of October 4, 2011) to 11,450 (Data as of October 9, 2012). That is a difference of 19,925 whereas EB3-ROW actually received 23,691 visas in FY2012. The Demand Data movement only represented approximately 84% of the actual numbers.

Nonetheless, I share your concern if dates do not move beyond July 2007 by the May 2013 VB.
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Posted in I-485 Forum on 06 Mar 2013
Topic: EB3 ROW --- What to expect in 2013?.....

Glad that helped.

Look at a Country that has large numbers of CP processing cases such as EB3-Philippines.

The October 2012 USCIS Inventory only shows 4,687 cases.

The November Demand Data (as at October 9, 2012) shows 7,550 cases.
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Posted in I-485 Forum on 06 Mar 2013
Topic: EB3 ROW --- What to expect in 2013?.....


http://www.travel.state.gov/pdf/WaitingL...

That's a link if you want to see how many CP demand is out there in 11/1/2012... Now I dont really know how the numbers work, but it just shows the demand data for us is not the same and does not include CP cases

The Demand Data includes both pre-adjudicated AOS cases and documentarily qualified CP cases.

In both cases, that might not represent all cases that might be out there through July 2007.

The NVC data is based on all approved I-140 (Primary and Dependents where noted) received by NVC at the date the report was compiled.

That means the NVC report represents CP cases up to some point in 2012. The Demand Data can only include CP cases up to around July 2007.

That is why the figures are different. They are apples and oranges.
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Posted in I-485 Forum on 21 Feb 2013
Topic: greened but I131 (AP) still pending, Can I withdraw?

Probably not, since the application was accepted and has been worked on.

Just be pleased that your I-485 was approved.

If you paid for AP, I presume you initially filed under the old fee system before August 18, 2007. You do not provide any details about your case.
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Posted in I-485 Forum on 21 Feb 2013
Topic: Potential allocation of 18K spillover visas from FB category




where is spectator's blog?

http://www.qesehmk.org/forums/forum.php



I read his prediction and confused. Considering the 18k FB his spillover prediction is 15K for EB2-I. Isnt that low ? I may be mistaken so please clarify.

My understanding reading it.

Of 18k, only a maximum of 12.9k can come to EB2 since EB3 will gain 5.1k.

I saw a prediction of about 16k spillover. The reason for that seems to be that EB2-WW will use all, or a bit more than their initial allocation. The reason for this is that EB2-I borrowed visas last year from EB2-WW (causing EB2-WW to retrogress) which need to be paid back this year. This year, EB2-WW will use their normal approvals plus about 8k.

Hope I have paraphrased that correctly.
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Posted in I-485 Forum on 21 Feb 2013
Topic: Potential allocation of 18K spillover visas from FB category


where is spectator's blog?

http://www.qesehmk.org/forums/forum.php
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Posted in I-485 Forum on 21 Feb 2013
Topic: Potential allocation of 18K spillover visas from FB category


your stupid friend... ;-) It is not true at all. there is no need EB3 ROW to port to EB2 ROW when it is current.

Since when has EB3-ROW been Current?

Last time I looked, they were about 6 years retrogressed.

Porters from EB3-ROW gain about the same advantage in number of years as an Indian Porter (in fact more in reality since they immediately become Current).
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Posted in I-485 Forum on 21 Feb 2013
Topic: Potential allocation of 18K spillover visas from FB category


yes that's correct, however according to article (see below, last sentence) most or all of that 5K allocation visa may go to EB3I

"From what we have seen in last few years, USCIS/DOS tries to "equalizes" the priority date of all countries in a category during spillovers. This means, though EB3 category will get an additional 5,148 spillover visas, most (if not all) of 5,148 visas would go to EB3 India (since EB3 India is in Nov 2002; whereas the next country, Philippines is at Sep 2006)."


Absolute rubbish from an awful site.

Whoever wrote that hasn't got a clue.

The FB numbers are NOT Spillover. They are used to determine the overall numbers available to EB.

Extra numbers from FB increase the base number for all of EB (INA 201(d)).

The base number is than allocated to the Categories (28.6% or 7.1% respectively) (INA 203(b)).

EB3-I is still subject to the same 7% limit (INA 202(a)(2)). The only difference is they now have 3,163 visas rather than 2,803 as a result of the number of EB visas increasing from 140k to 158k.
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Posted in I-485 Forum on 21 Feb 2013
Topic: EB3 ROW --- What to expect in 2013?.....


Yes.. you are right. there is a spillover of 18,000 visa from FB which is distributed to EB category.

see the link -

http://uscis.topimmigrationnews.com/2013/02/eb-...

It's difficult to take a site that plagiarizes other sites content without attributing it seriously e.g. Murthy articles.

The article is factually wrong. It says


From what we have seen in last few years, USCIS/DOS tries to "equalizes" the priority date of all countries in a category during spillovers. This means, though EB3 category will get an additional 5,148 spillover visas, most (if not all) of 5,148 visas would go to EB3 India (since EB3 India is in Nov 2002; whereas the next country, Philippines is at Sep 2006).


The law first prescribes how the overall EB allocation is determined. That is 140k plus any visas unused by FB in the preceding FY.

The law then says how the number calculated above is divided between the EB Categories. EB2-EB3 each receive 28.6% and EB4-EB5 each receive 7.1%..

That is exactly what is shown in the updated Demand Data and Numerical Limits documents.

The extra numbers from FB to EB3 are NOT Spillover.

EB3 does NOT receive any Spillover currently.

So EB3-I only have an allocation of 7% (3,163) and nothing is going to change that.

EB3-ROW receive an extra 3,708 visas theoretically, but EB3-P will use a portion of those and still remain within the overall 7% limit - the actual benefit to EB3-ROW is going to be about 2,448.
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Posted in I-485 Forum on 16 Jan 2013
Topic: EB3 ROW --- What to expect in 2013?.....

I agree with you.

March is the last month of Q2 and there are probably not enough visas left within the 27% quarterly limit to do anything dramatic.

I have higher hopes for April, the first month of Q3, when CO will have more visas to play with.
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Posted in I-485 Forum on 16 Jan 2013
Topic: EB3 ROW --- What to expect in 2013?.....


Well if it hits 01MAy2007 Bother I am going to party cause I am in :)

Not if your PD is May 01, 2007 as you have said above.

Only PD earlier than the Cut Off Date are Current. It says this twice in every VB. It is underlined in Section 1 and in bolded in Section 5.
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Posted in I-485 Forum on 16 Jan 2013
Topic: EB3 ROW --- What to expect in 2013?.....



This is the amount og applicants in each month waiting to get approved

April:1,051
May:794
June:746
July:1350



Well My PD is 01MAy2007 and hoping that we skip the whole of april and are in May the next VB since there is soo little applicants left till july cut-off



I think it will be touch and go as to whether it reaches a Cut Off Date of 08MAY07 in the March VB.

Your figures above omit the 17 days still left in March. That adds a further 579.

Your figures (from the USCIS Inventory) also only include AOS cases. AOS cases have only accounted for an average of about 88% of total EB3-ROW approvals in recent years.

Assuming an even spread of PD there are 2,056 cases before 08MAY07, including an allowance for 12% CP cases.

On the same basis, the movements to date in the VB required the following number of visas:

October - 1,316
November - 1,488
December - 1,355
January - 1,917
February - 1,838

01MAY07 requires 1,852 so it is a toss up .

Good luck. I hope it will go to 08MAY07.
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Posted in I-485 Forum on 15 Jan 2013
Topic: EB3 ROW --- What to expect in 2013?.....

For many, it was luck of the draw as to where their PERM was being processed.

Those at Chicago were being Certified in days, whereas at Atlanta it was taking months.

So, many people did not have the Certified PERM needed to file concurrent I-140 and I-485.

Of ROW PERM Certifications with a receipt date of Jan-July 2007, 26% have a Certification date later than August 17, 2007.

Since that was the last day that USCIS accepted I-485 current in the July 2007 VB, at least that many "missed the boat" and could not have filed an I-485 in 2007.

It is probably somewhat higher than that, since it takes time for DOL to post the Certification and for the I-485 application to be delivered to USCIS.
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Posted in I-485 Forum on 09 Jan 2013
Topic: EB3 ROW --- What to expect in 2013?.....

I really don't know.

CO definitely will not make EB3-ROW Current.

If CO cares about visas being approved in roughly PD order, considering the different time scales between new AOS applications and CP, it is a balancing act between that and ensuring there are sufficient approvals not to waste any visas this year.

He could make a bold move and move the Cut Off dates a long way forward early on, then retrogress a lot and move more slowly forward for the rest of the FY.

That would have the advantage of:

a) Guaranteeing there will be enough cases ready for approval to use up all the visas available to EB3-ROW this year.

b) Since Consular posts report numbers at the beginning of every month by PD and visas are allocated in advance to them, CO would know the exact demand from CP cases to any given movement of the Cut Off dates. He could manage CP approvals and in the worst case where insufficient AOS cases were being approved, move the Cut Off date sufficiently to allow CP cases to use up the remaining visas.

As an alternative, he could make a more controlled early movement to a point where he believes there will be sufficient approvable cases to use the visas available this FY and make one last large movement in September, before Retrogressing the dates in October.

The downside of that is EB3-ROW visas are likely to be wasted if he doesn't move enough, or if he moves too much and there are too many approvable cases to make a final big Cut Off date advancement to create a new Inventory and allow later PDs to file their I-485.

Either way, the period when Cut Off date advance significantly is not likely to last very long, unless CO is not concerned if late PD Consular processed cases use visas ahead of earlier PD AOS cases.
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Posted in I-485 Forum on 09 Jan 2013
Topic: EB3 ROW --- What to expect in 2013?.....


I think the demand would not be actually too much of a mystery for them. DOL releases the inventory data for certified PERM cases, and it'll actually be less than these reported numbers because some of the people are certified under EB3 category and later ported to EB2. Those EB3 certified PERM cases won't be used and not consume actual green card. You can easily find those inventory data by DOL by simple google search, and 2007 is not showing overwhelming numbers for ROW. In FY 2007, almost half of the PERM were from India (30%), China and Mexico.

While the PERM data is useful, it is not definitive, since much needed information is missing.

Firstly, the numbers include both EB2 & EB3, but there is no breakdown of how many are in each Category.

Secondly, the PERM only shows the number of Primary applicants and needs to be at least doubled to include Dependents who would apply for an I-485 as well.

Thirdly, PERM certifications only show the numbers for those where a Labor Certification is needed. It does not capture cases, such as Schedule A, which do not need a PERM Certification.

Finally, it is not the number of Certifications in a FY that is important, but the PD of those cases Certified. Generally, PD from several different calendar years form the FY Certifications.

Since the FY runs from October-September, FY numbers cannot include at least Oct-December of the Calendar Year. Usually it is many more months than that due to the PERM processing time. For instance, for Certifications with a 2007 CY Receipt Date, only about 60% were actually Certified in FY2007. Because of Backlog reduction efforts only 0.03% of 2009 CY Receipt Dates were actually Certified in FY2009!

Roughly by PD Year, ROW have now had about 35k PERM certifications (covering EB2 & EB3) for CY2007 and about 30k for CY2008 receipt dates. The numbers drops off considerably in subsequent years.

Only if USCIS release I-140 figures to DOS, broken down by Category and Country of Chargeability, would there be proper visibility into future Demand.
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Posted in I-485 Forum on 02 Jan 2013
Topic: EB3 ROW --- What to expect in 2013?.....

I suggest you re-read my post.

Nowhere did I say that EB3-ROW has an overall 7% limit, although individual Countries within it are subject to it if they receive sufficient visas.

EB3-ROW have 40k less any visas used by the four 7% limited Countries available to them each FY.

I was pointing out that the figure is not 40.0 less (2.8*4) = 28.8k because both Mexico and Philippines can use far in excess of 2.8k each and still stay within their overall 7% limit of 9.8k (140*7%) across all EB Categories.

Thus, any calculation based on EB3-ROW receiving 28.8k approvals is fatally flawed.

I expect to see bigger movements for EB3-ROW at some point before the current backlog is exhausted to allow time for new applications to be adjudicated in this FY.

After January, it looks like there will be about 7k demand left, which is nearly 5 months worth at the current drop in DOS Demand per month. I would hope CO will start moving a bit more aggressively not later than 3-4 months before the backlog clears.
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Posted in I-485 Forum on 01 Jan 2013
Topic: EB3 ROW --- What to expect in 2013?.....

In reality, EB3-ROW do not have 28.8k per year because of the way the 7% limit works.

The 7% limit represents 9.8k visas per Country across EB.

This is important for both Mexico and Philippines, who have relatively little usage outside EB3.

In FY2011, Mexico only used 3.1k in EB1, EB2, EB4 & EB5. That left 6.7k available for EB3-M to reach the overall 9.8k limit.

In FY2011, Philippines only used 3.7k in EB1, EB2, EB4 & EB5. That left 6.1k available for EB3-P to reach the overall 9.8k limit.

So numbers available to EB3-ROW were 40.0 - 2.8 - 2.8 - 6.7 - 6.1 = 21.6k plus any numbers unused by M + P.

In FY2011, EB3-ROW received 20.7k visas due to the above and the overall under-utilization of EB3 visas. EB3-M received 6.2k visas and EB3-P 3.9k visas.

We have now reached a period of very high EB3-P demand, so they are likely to use fairly high numbers in FY2013. I do not know what current EB3-M demand is (it was 7.7k in FY2010 and 6.2k in FY2011). Both the USCIS Inventory and DOS Demand Data consistently understate the real figure.
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